University of San Agustin College of Law

NUÑEZ 1-E

Case Name National Power Corporation v. Spouses Gutierrez and Malit

Topic Power of Eminent Domain
Case No. |
G.R. No. 60077 | January 18, 1991
Date
Ponente Associate Justice Abdulwahid Bidin
Petitioner sought to acquire right of way easement over respondents’ land for the
Case construction of power lines. They are eventually granted such, with compensation due to
Summary respondents. Dissatisfied, petitioners seek to lower the value. The Court denies the
petition, affirming the value set by the lower court.
[T]he right of way easement perpetually deprives [landowners] of their proprietary rights
as manifested by the imposition by the [conditions set]. [Petitioner] only pays the fee once,
Doctrine
while the [respondents] shall continually pay the taxes due on said affected portion of their
property. (As stated in Bernas)

RELEVANT FACTS

 Petitioner National Power Corporation started negotiations for acquisition of right of way easements
over lots of several landowners, including respondents Spouses Misericordia Gutierrez and Ricardo
Malit, for the construction of its 230-kilovolt power lines stretching from Mexico, Pampanga to Limay,
Bataan.
 Upon the unsuccessful results of the negotiations, petitioner filed for eminent domain proceedings
and deposited the amount of nine hundred seventy three pesos (₱973.00) as provisional value of the
land of respondents, by virtue of which they were placed in possession of the property so they may
proceed with the construction of the power line.
 For the purpose of determining the fair and just compensation, the court appointed three
commissioners, comprised of one representative of the plaintiff, one for the defendants and the other
from the court, and conducted hearings, where other landowners agreed to the terms set by the
commissioners and proceeded to the expropriation, leaving respondents to continue negotiation.
 The commissioners, as to the land of the respondents, made the following recommendations in their
report:
a. Petitioner’s commissioner: grant right of way easement over the 760 square meters of
respondent’s land upon payment of easement fee of one peso (₱1.00);
b. Respondent’s commissioner: pay respondents ten pesos (₱10.00) per square meter or a total
of seven thousand six hundred pesos (₱7,600.00) as disturbance fee; and
c. Court’s commissioner: pay five pesos (₱5.00) per square meter of the area covered by the
right of way to be granted.
 The lower court adopted the recommendation of the respondents’ commissioner and ordered
petitioner to pay the ₱7,600.00 compensation along with attorney’s fees.
 Petitioner filed a motion for reconsideration, which was favorably acted upon by the lower court and
modified the payment for compensation at five pesos (₱5.00).
 Still dissatisfied, petitioner filed an appeal with the Court of Appeals, which was dismissed for lack of
merit.

RATIO DECIDENDI

Issue Ratio
 University of San Agustin College of Law
NUÑEZ 1-E

Whether or not the  YES, the acquisition of the right-of-way easement falls within the purview of
acquisition of a right the power of eminent domain.
of way is an  While it is true that petitioners are only after right-of-way easement, it still
exercise of the deprives defendants of proprietary rights as manifested by the imposition that
power of eminent no plant higher than three (3) meters is allowed below said transmission lines.
domain Furthermore, because of the high-tension current conveyed through said
transmission lines, danger to life and limbs that may be caused cannot be
discounted, and to cap it all, petitioner only pays to respondent once, while the
latter shall continually pay the taxes due on said affected portion of their
property.

RULING

Petition is DENIED. Decision of the Court of Appeals is AFFIRMED.